Our Florida Rideshare Accident Lawyers Help You After an Uber or Lyft Accident

Although rideshare arrangements can help cut down on other types of accidents such as alcohol-related crashes by making arranging for alternative transportation easy and available when a driver becomes intoxicated and unable to drive, thousands of rideshare accidents occur each year. 

Distracted driving is a common factor that causes thousands of accidents a year in Florida including those accidents involving rideshare arrangements.  Distracted driving is any behavior that while driving that takes a driver’s hands off of the wheel, eyes off of the road, or mind off of driving. According to the Florida Highway Safety and Motor Vehicles (FLHSMV), in 2021 there were 56,736 accidents involving distracted driving, which led to 2,729 serious injuries and 346 fatalities.  

Furthermore, according to overall crash data collected by FLHSMV, in 2022 alone there were 388,961 crashes statewide, with 247,745 reported injuries and 3,428 reported traffic fatalities from all crashes reported. 

In an article by Forbes, They reported that data from the National Highway Traffic and Safety Administration was analyzed by economists to look at statistics before and after rideshare companies became popular. According to the article,  economists who examined the data found that fatal accidents increased from 2% to 4% annually after the big rideshare boom.

Uber, Lyft and other ridesharing platforms are continuing to grow in popularity throughout the country, and each day tens of thousands of drivers give rides to passengers across Florida. Unfortunately, this growth in popularity has led to an increased number of rideshare accidents. For rideshare passengers and occupants of other vehicles, the costs of being injured in an accident can be substantial, and recovering financial compensation requires the representation of an experienced Florida rideshare accident lawyer.

The car accident team at Searcy Denney represents individuals and families throughout Florida in insurance claims and lawsuits involving Uber, Lyft and other rideshare accidents. In 2017, Florida enacted a law that establishes enhanced insurance requirements for rideshare drivers, and that requires companies like Uber and Lyft to carry insurance covering rideshare accidents. This law provides important protections for accident victims and their families, and our firm has had significant success helping clients recover financial compensation both in and out of court.

WHAT ARE COMMON DISTRACTIONS FACED BY RIDESHARE DRIVERS?

Rideshare drivers experience a variety of different distractions as to regular motorists. However, rideshare drivers also have unique distractions that can contribute to accidents in rideshare arrangements.  Some factors that can cause distractions to rideshare drivers include:

• Heavily using and relying on navigation devices and other technology platforms or apps to get passengers to their requested destinations
• Rideshare drivers are on the road driving much more than regular motorists, increasing their chances and exposure to getting in an accident.
• May have less driving experience than other motorists on the road. 
• Experience distractions from the passengers they are transporting.

Do You Need a Florida Rideshare Accident Lawyer to File an Accident Claim?

With rideshare accidents occurring more frequently as the use of rideshare arrangements increases, naturally, litigation involving rideshare arrangements is also following suit. For example, a recent Florida rideshare accident lawsuit was filed against a rideshare company alleging that the company’s technology used by drivers was unreasonably dangerous.  Allegedly the rideshare company failed to keep its mobile app safe which may have caused one of its drivers to hit a pedestrian because the driver was distracted by the app. The pedestrian suffered severe injuries as a result of the accident, including but not limited to a fractured skull. The court in this case determined that the mobile app was, in fact, a product and not a service. Accordingly, the app is subject to product liability laws.

Proving, however, that a rideshare company was negligent, such as proving that an application or other technology caused an accident can be difficult. Also, identifying which party is at fault, such as the rideshare company or the driver (as many drivers are independent contractors) can be tricky.

If you need to seek financial compensation for a rideshare accident in Florida, we strongly recommend that you speak with an attorney. While you have the option to try to deal with the insurance companies on your own, there are several reasons why this is inadvisable. Our firm offers free initial consultations, and we are more than happy to help you understand what our attorneys can do to help.

If you sustained serious injuries from a rideshare accident and have questions about the damages you may be able to obtain for the serious injuries you sustained in your auto accident case against a rideshare company, contact an experienced Florida auto accident lawyer at Searcy Denney for a free legal consultation. Our auto accident lawyers can evaluate your case and explain what your options are in Florida when filing a claim against a rideshare company.  

Whose Insurance Covers an Uber or Lyft Accident?

Under Section 627.748 of the Florida Statutes, rideshare companies and rideshare drivers are both required to carry liability insurance that covers passengers and others in the event of an accident. Rideshare drivers must carry enhanced coverage while they are logged into the app and while they are providing rides, and rideshare companies must provide this enhanced coverage if a driver fails to do so. Currently, both Uber and Lyft carry insurance that covers their drivers while they are logged in and providing prearranged rides.

If a rideshare driver is negligent in causing an accident, then his or her insurance company should provide coverage, and so should the rideshare company’s insurer. Rideshare companies’ insurers cannot deny coverage on the basis that an accident victim should have first sought coverage from the driver’s insurance company. This coverage extends to rideshare passengers as well as any other drivers, passengers, cyclists and pedestrians that are injured in a collision.

Of course, rideshare drivers are not the only ones who make mistakes; and, if you were seriously or permanently injured in a rideshare accident that was caused by another driver, then that driver’s insurance policy should provide coverage just as it would in any other accident scenario. Likewise, if some other factor (i.e. a road or vehicle defect) was to blame, then you may have a third-party claim for financial compensation.  

Can Companies Like Uber and Lyft Be Held Liable for Hiring Unsafe Drivers?

In addition to establishing insurance requirements, Florida’s rideshare law also establishes requirements that companies like Uber and Lyft must follow when screening and authorizing new drivers. If a rideshare company violates one of these requirements, then it could potentially be held liable for negligence in the event that an unsafe driver causes a collision. Florida’s requirements for rideshare companies include:

• Confirming the driver’s age, driver’s license and motor vehicle registration;
• Conducting a local and national criminal background check;
• Obtaining and reviewing a driving history research report;
• Reconfirming all of the above every three years;
• Not authorizing any driver who has had more than three moving violations in the past three years
• Not authorizing any driver who has a felony conviction, a DUI conviction, or any of various other specified convictions on his or her criminal record; and,
• Adopting a “zero tolerance” policy for drug and alcohol use while drivers are logged in and providing prearranged rides.

When our accident attorneys investigate your case, in addition to determining the specific cause of the accident, we will also seek to determine if the driver’s rideshare company may have been negligent. If so, we may be able to pursue just compensation on multiple grounds.

How Much Can You Recover After an Uber or Lyft Accident?

As with all car accident claims, the amount you can recover after an Uber or Lyft accident depends on numerous factors. Most importantly, as “compensation,” any amount you recover should be designed to replace what you have lost as a result of the collision. This includes not only your direct out-of-pocket costs such as medical bills, but also your loss of income, pain and suffering, and other losses.

Another relevant factor is the amount of insurance coverage that is available. While accident victims are not limited to seeking compensation up to the liable party’s or parties’ policy limits, as a practical matter these limits often come into play. Under Florida’s rideshare law, the minimum insurance requirements are as follows:

• While Drivers are Logged in to the Uber or Lyft App: Primary automobile liability coverage of at least $50,000 per person and $100,000 per incident, and at least $25,000 in property damage coverage.
• While Drivers are Providing Scheduled Rides: Primary automobile liability coverage of at least $1 million for death, bodily injury, and property damage.

As your law firm, we will accurately calculate your financial and non-financial harm, and we will seek the maximum compensation that is available. If we can negotiate a favorable insurance settlement, we will. If we need to take your case to trial, we will fight to convince the jury that you are entitled to full compensation for all of your current and future losses.

Request a Free Initial Consultation with a Florida Rideshare Accident Attorney

Were you seriously injured in a rideshare accident in Florida? If so, our car accident attorneys can help you recover the financial compensation you deserve. For a free, no-obligation consultation, call 800-780-8607 or submit your case online now.